Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-04-29
THE RyrGArE CONSPIRACY CASE
Important Decision by the Supreme Court
of NermOnt.

Important Decision by the Supreme Court
of Vermont.
The decision of the Supreme Court in
what is known as the Ryegate conspiracy
case, was filed at St. Johnsbury in the
Office of the clerk of the Supreme and
County Courts. # will he remembered
that large number of the Ryegate
strikers were arrested, and that an indict-
ment was brought against them for con
spiracy. The first and second counts were
based on the common law oflense, and the
third and fourth counts upon the Vermont
statute. The respondents were charged
with hinderlng and preventing the Rye
gate Granite works from taking into their
employ sundry workmen by representing
to the latter that the shops of said com
pany were "scab shops" and that EN-
pluyes therein were "scabs," and would
be stunned and avoided by reputable
workmen, who would not associate with
them, and that their names would be
published in the 'scab list of the GrtltitC
cutters journal; by means of all which
he prosecution of the business of the
Granite works was lmpe ed and hndered.
motion to qua~h and Il general de
murrer were iEterpOsed but the County
Court overruled the motion to quash and
the indictment was adjudged to he suni-
cient. The case was then carried to the
supreme Court
BY the decision just announced which
was delivered by Judge Powers. the iudg-
ment of the County Court is affirmed and
the cause is remanded to be further pro.
ceeded wit H.
In announcing the decision Judge
Powers says among other things
If, in fact the respondents had prevent
ed, hindered, and deferred, the Granite
works from EMPLOYING O'ROurke the act
would confessedly have been criminal
1t logically follows that a conspiracy to
do this thing would be equally So
The exposure of a legitimate business to
the control of an association that can or
der away its employees, and frighten away
Others that it may seek to employ and thus
he compelled to cease the further prosecu.
ton of its work, is a condition of things
utterly at war with every principle of iuS-
tlce and every safeguard of protection
that citizens under our system of govern
ment are entitled to enjoy. The direct
tendency of such intimidation is to estab
fish over labor and over all industries, a
control that is unknown TO the law and
which Is eXerted by a secret association of
conspirators that is actuated by personal
considerations, and whose plans, carried
INTO execution, usually result in violence
and the destruction of property.
by the law of the land these respond.
ents have the most unqualified right to
work for whom they please, and at such
prices rs they please. BY the same law
the Ryegate Granite company has the
right to employ the respondents or
ORourke on such term as may be mu-
tually agreed upon, without let, him
drance, or dictaton, from any man or
body of men whatever.
Ii such conspiracles are to be tolerated !
as innocent, then every farmer in Yer
mont now resting in the confidence that
he may employ such assistance in carry. |
ing on his farm as he thinks he can afford |
to hire, is exposed to the operation of some |
secret code OF law, in the framing of which |
he had no voice and upon the terms OF |
which ne has no veto, and every manu-
tacturer is Handicapped by system that
portendS certain destruction to his indus |
try.
But, happily such is not the law, and |
among English speaking people never has
been the law. The reports. English and |
American, are full of illustrations of the |
doctrine that combination of two or
more persons to effect an illegal purpose, |
either by legal or Illegal means, whether |
such purpose be Illegal at common law or |
by statute, or to effect legal purpose by |
illegal means, whether such means be lie |
gal at common law or by statute, is com
mon law conspiracy. Such combinations |
are equally Illegal whether they promote
objects or adopt means that are per sc in
or promote objects or adopt |
means that are per Sc oppressive, immoral !
or wrongfully prejudiclal to the rights of |
others.
If they seek to restrain trade or tend to |
The destruction of the material prosperity |
of the country, they work injury to the |
whole public.